37 U.S.C. § 212 — Advancement of basic pay: members deployed in combat zone for more than one year

submitted 22 years ago by Pub. L. 108-375 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 291 words · no verdicts yet

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This law lets deployed troops get an advance on their pay. Members assigned to a combat zone for a year or more can request up to three months of basic pay in advance. The first month's advance must be approved; a second or third needs proof of financial hardship. The advance gets paid back in equal monthly installments over the following year.

(a) Eligibility; Amount Advanced. If a member of the armed forces is assigned to duty in an area where special pay is available under section 310, or under paragraph (1) or (3) of section 351(a), of this title, and the assignment is ordered for one year or more, or gets extended past one year, the member can request, during the assignment, an advance of up to three months of their basic pay. (b) Consideration of Request. A member's request for the advanced payment of a single month of basic pay must be granted. The Secretary concerned can grant a request for a second or third month of advanced basic pay during the same assignment, but only if the member shows financial hardship. (c) Recoupment of Advanced Pay. The Secretary concerned must recoup an advance made under this section in equal installments over a one-year period, beginning as described in subsection (d). If the member is on active duty during any month of that recoupment period, that month's installment is deducted from the member's basic pay for that month. If the member dies, their estate is not required to repay any part of the advance that hadn't been repaid before the member's death. (d) Commencement of Recoupment. The recoupment period for an advance under this section begins on the first day of the first month that starts on or after the date the member receives the advanced pay.

the actual law source: uscode.house.gov ↗public domain

(a)Eligibility; Amount Advanced.—

If a member of the armed forces is assigned to duty in an area for which special pay under section 310, or paragraph (1) or (3) of section 351(a), of this title is available and the assignment is pursuant to orders specifying an assignment of one year or more (or the assignment is extended beyond one year), the member may request, during the period of the assignment, the advanced payment of not more than three months of the basic pay of the member.

(b)Consideration of Request.—

A request by a member described in subsection (a) for the advanced payment of a single month of basic pay shall be granted. The Secretary concerned may grant a member’s request for a second or third month of advanced basic pay during the assignment upon a showing of financial hardship.

(c)Recoupment of Advanced Pay.—

The Secretary concerned shall recoup an advance made on the basic pay of a member under this section in equal installments over a one-year period beginning as provided in subsection (d). If the member is serving on active duty for any month during the recoupment period, the amount of the installment for the month shall be deducted from the basic pay of the member for that month. The estate of a deceased member shall not be required to repay any portion of the advanced pay paid to the member and not repaid before the death of the member.

(d)Commencement of Recoupment.—

The recoupment period for an advancement of basic pay to a member under this section shall commence on the first day of the first month beginning on or after the date on which the member receives the advanced pay.

Source credit: (Added Pub. L. 108–375, div. A, title VI, § 606(a), Oct. 28, 2004, 118 Stat. 1945; amended Pub. L. 114–328, div. A, title VI, § 618(h)(1), Dec. 23, 2016, 130 Stat. 2160.)

history & why it existsrecord from the source credit

2004Enacted · Pub. L. 108-375 · 118 Stat. 1945
2016Amended · Pub. L. 114-328 · 130 Stat. 2160

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-375 on 2004-10-28.

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